Jackson Kelly PLLC

When the Government Buys Commercial Items, Don’t Forget You Can Demand Terms Consistent with Customary Commercial Practice

February 9, 2016

The Government’s statutory preference for acquiring commercial items that meet an agency’s needs comes with the requirement that, to the maximum extent possible, contracts for the acquisition of those items include only clauses that are consistent with customary commercial practice. In other words, if the Government buys commercial items, it is supposed to use commercial contract terms if it can.…

Jackson Kelly Introduces Data Privacy and Security Team

February 9, 2016

We live in an increasingly digital world, but with advancement comes greater risk. Data breaches, leaks and even employee use of social media can all put your company at risk. To address these issues, Jackson Kelly is pleased to introduce its Data Privacy and Security Team. These attorneys, representing the Firm across a number of practice areas and locations, work with clients to identify…

Don’t Win the Battle but Lose the War – Remember to Demonstrate Prejudice

February 3, 2016

“Prejudice is an element of every viable protest.” No matter how many times the Government Accountability Office (GAO) intones this phrase in its protest decisions (and it’s in many GAO decisions), the concept of prejudice and the need to prove it to win a protest remain all too easy to forget in the heat of “battle.” The GAO’s decision in Data Recognition Corporation, B-411767.7, (January 20,…

Play the Hand You Dealt Yourself: FSS Schedule Holders Cannot Change Their Labor Category Descriptions to Meet Specific Task Order Procurements

February 3, 2016

Procurements based on federal supply schedule (FSS) contracts can be tricky -- for the Government agencies conducting them as well as the contractors hoping to win a contract. The ease with which such contracting efforts can go sideways is particularly evident in the recent decision in AllWorld Language Consultants, Inc., B-411481.3 (January 6, 2016). The decision makes clear a fundamental rule…

Short Take: GAO Refuses to Read Limitations on Subcontracting Clause into Solicitation

February 3, 2016

Small businesses and their teaming partners often spend a significant amount of time figuring out how best to comply with FAR 52.219-14, Limitations on Subcontracting. This should come as no surprise, since the clause imposes strict requirements concerning the amount of set-aside contract work that must be performed by the prime contractor and failure to comply can render a proposal…

Short Take: SBA Confirms Last Year’s Monetary-Based Size Standards Inflation Increases

January 25, 2016

The Small Business Administration (SBA) has published a Final Rule, effective January 25, 2016, adopting, as issued, SBA’s 2014 Interim Final Rule, previously discussed here, increasing SBA’s monetary-based size standards to account for inflation since 2008. These adjustments, which resulted in size standard increases of approximately 8.73% (rounded to the nearest $500,000), were made…

FAR Proposed Rule Would Bar Contractor Confidentiality Agreements Restricting Employees and Subcontractors from Reporting Fraud, Waste & Abuse

January 25, 2016

The FAR Council has published a new Proposed Rule implementing Section 743 of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and anticipated successor provisions in future appropriations acts and continuing resolutions, prohibiting the use of appropriated or otherwise available funds for any contract, grant or cooperative agreement with an entity that requires…

Showing a “Clear Fracture” Does Not Rebut Presumption of Affiliation Based on a Common Investments Identity of Interest

January 25, 2016

Small Business Administration (SBA) rules relating to the concept of “affiliation” can render an entity “other than small” for a wide variety of reasons. Unfortunately, as demonstrated by the recent decision of SBA’s Office of Hearings and Appeals (OHA) in Size Appeal of Tenax Aerospace, LLC, SBA No. SIZ-5701 (December 23, 2015), these rules are complex and often difficult to apply. The …

Sole Source Awards to WOSBs Are Finally Here, But Certification Questions Remain

January 18, 2016

Year-end 2015 brought two important developments for Women-Owned Small Businesses (WOSBs), that provide new business opportunities, as well as some uncertainty, as we start 2016. First, the FAR Council issued its eagerly-awaited Interim Rule authorizing sole source awards to WOSBs in appropriate circumstances. This new authority, which is effective immediately, levels the playing field between…

Opposition Research Has Its Limits – Knowing the Facts May Not Be Enough

January 18, 2016

In order to make good decisions about whether and how to protest an award decision, disappointed bidders must, among other things, have good information about the awardee. This is particularly true where the protest grounds being considered include the argument that the winner’s proposal violated the applicable limitation on subcontracting requirement, an attack that requires a showing that the…

Short Take: Treasury Increases Prompt Payment & Contract Disputes Interest Rates, Effective 1/1/16

January 18, 2016

The Treasury Department has announced that the Prompt Payment Act interest rate is being increased to 2-1/2% per annum for the period of January 1, 2016 through June 30, 2016. Federal Register Notice. This interest rate is used to calculate the interest penalty paid by the Government when it fails to timely pay contractors for goods and services, as well as interest due under the Contract…

DoD Gives Contractors More Time to Comply with Data Security Rules

January 11, 2016

On December 30, 2015, the Department of Defense issued a new interim rule (80 FR 81472) amending the Defense Federal Acquisition Regulation Supplement (DFARS) to give contractors additional time to implement security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171. This second interim rule amends DFARS 252.204–7008, Compliance…

Blog

When the Government Buys Commercial Items, Don’t Forget You Can Demand Terms Consistent with Customary Commercial Practice

February 9, 2016

Jackson Kelly Introduces Data Privacy and Security Team

February 9, 2016

Don’t Win the Battle but Lose the War – Remember to Demonstrate Prejudice

February 3, 2016

Play the Hand You Dealt Yourself: FSS Schedule Holders Cannot Change Their Labor Category Descriptions to Meet Specific Task Order Procurements

February 3, 2016

Short Take: GAO Refuses to Read Limitations on Subcontracting Clause into Solicitation

February 3, 2016

Short Take: SBA Confirms Last Year’s Monetary-Based Size Standards Inflation Increases

January 25, 2016

FAR Proposed Rule Would Bar Contractor Confidentiality Agreements Restricting Employees and Subcontractors from Reporting Fraud, Waste & Abuse

January 25, 2016

Claims and Disputes

Contracting Rules and Regulations

Evaluation and Award

Procurement News and Analysis

Bid Protests

GAO Decisions

Bids and Proposals

Solicitations / Proposal Preparation

Labor and Employment

Terminations

Regulations (FAR, DFARS and others)

Commercial Items

GSA and FSS Schedules

Contracting Opportunities

Subcontracting

Joint Ventures and Teaming Agreements

Sourcing Restrictions

Ethics and Compliance

Fraud

Clarifications and Discussions

Conflicts of Interest

Cost Accounting and Auditing

Court of Federal Claims Decisions

Due Diligence / Mergers and Acquisitions

Export Controls

False Claims and False Statements

Foreign Corrupt Practices Act

Intellectual Property Rights

Research & Development

Responsibility

Suspension and Debarment

Federal Circuit Decisions

Government Contracts Monitor

When the Government Buys Commercial Items, Don’t Forget You Can Demand Terms Consistent with Customary Commercial Practice

Jackson Kelly Introduces Data Privacy and Security Team

Don’t Win the Battle but Lose the War – Remember to Demonstrate Prejudice

Play the Hand You Dealt Yourself: FSS Schedule Holders Cannot Change Their Labor Category Descriptions to Meet Specific Task Order Procurements

Short Take: GAO Refuses to Read Limitations on Subcontracting Clause into Solicitation

Short Take: SBA Confirms Last Year’s Monetary-Based Size Standards Inflation Increases

FAR Proposed Rule Would Bar Contractor Confidentiality Agreements Restricting Employees and Subcontractors from Reporting Fraud, Waste & Abuse

Showing a “Clear Fracture” Does Not Rebut Presumption of Affiliation Based on a Common Investments Identity of Interest

Sole Source Awards to WOSBs Are Finally Here, But Certification Questions Remain

Opposition Research Has Its Limits – Knowing the Facts May Not Be Enough

Short Take: Treasury Increases Prompt Payment & Contract Disputes Interest Rates, Effective 1/1/16

DoD Gives Contractors More Time to Comply with Data Security Rules

When the Government Buys Commercial Items, Don’t Forget You Can Demand Terms Consistent with Customary Commercial Practice

Jackson Kelly Introduces Data Privacy and Security Team

Don’t Win the Battle but Lose the War – Remember to Demonstrate Prejudice

Play the Hand You Dealt Yourself: FSS Schedule Holders Cannot Change Their Labor Category Descriptions to Meet Specific Task Order Procurements

Short Take: GAO Refuses to Read Limitations on Subcontracting Clause into Solicitation

Short Take: SBA Confirms Last Year’s Monetary-Based Size Standards Inflation Increases

FAR Proposed Rule Would Bar Contractor Confidentiality Agreements Restricting Employees and Subcontractors from Reporting Fraud, Waste & Abuse

Showing a “Clear Fracture” Does Not Rebut Presumption of Affiliation Based on a Common Investments Identity of Interest

Sole Source Awards to WOSBs Are Finally Here, But Certification Questions Remain

Opposition Research Has Its Limits – Knowing the Facts May Not Be Enough

Short Take: Treasury Increases Prompt Payment & Contract Disputes Interest Rates, Effective 1/1/16

DoD Gives Contractors More Time to Comply with Data Security Rules

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